Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1067 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1067
5	5	February 2, 2024 - Introduced by Representative GUNDRUM. Referred to Committee
6	6	on Campaigns and Elections.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to repeal 8.05 (1), 8.05 (3) (c), 8.05 (4) (d), 8.50 (3) (d), 11.1205 (1) (a) 3.
9	9	and 60.24 (3) (b); and to amend 8.05 (3) (a), 8.05 (4) (a), 8.05 (6), 8.10 (3) (ks),
10	10	8.11 (1m) (a), 10.06 (3) (bm), 11.0101 (1) (a) 2., 19.42 (3s), 19.42 (4), 19.43 (4),
11	11	61.193 (2), 117.22 (2) (d), 120.06 (6) (a), 120.06 (6) (b) 2., 120.06 (6) (b) 3., 120.06
12	12	(6) (b) 4. and 120.06 (7) (a) of the statutes; relating to: the filing of nomination
13	13	papers by certain candidates for local elective office.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, a town or village may provide that candidates for a town or
16	16	village elective office may be nominated at a caucus, rather than by filing nomination
17	17	papers. This bill eliminates that caucus option and requires the filing of nomination
18	18	papers for all town and village elective offices.
19	19	Also under current law, certain school districts may, but are not required to,
20	20	provide for the filing of nomination papers by candidates for the school board. This
21	21	bill requires that nomination papers be filed by all candidates for election to the
22	22	school board.
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30	30	ASSEMBLY BILL 1067
31	31	For further information see the local fiscal estimate, which will be printed as
32	32	an appendix to this bill.
33	33	The people of the state of Wisconsin, represented in senate and assembly, do
34	34	enact as follows:
35	35	SECTION 1. 8.05 (1) of the statutes is repealed.
36	36	SECTION 2. 8.05 (3) (a) of the statutes is amended to read:
37	37	8.05 (3) (a) In lieu of sub. (1), the electors either by referendum or at the town
38	38	meeting may provide for nomination of elective Elective town office candidates shall
39	39	be nominated at a nonpartisan primary conducted as provided in sub. (5). The
40	40	nomination papers shall be signed by not less than 20 nor more than 100 electors of
41	41	the town. The nomination papers shall be circulated not sooner than December 1
42	42	preceding the election and shall be filed with the town clerk not later than 5 p.m. the
43	43	first Tuesday in January, or the next day if Tuesday is a holiday.
44	44	SECTION 3. 8.05 (3) (c) of the statutes is repealed.
45	45	SECTION 4. 8.05 (4) (a) of the statutes is amended to read:
46	46	8.05 (4) (a) If a primary is provided for the nomination of candidates for elective
47	47	village offices under s. 8.11 (1m) (b) or (c), candidates for those offices shall file
48	48	nomination papers. In any other case, a majority of the governing body of any village
49	49	may provide that candidates for elective village office shall be nominated by
50	50	nomination papers. Determination of the governing body to provide for nomination
51	51	of candidates by nomination papers shall be made not later than December 1
52	52	preceding the election. If nomination by nomination papers is not provided for under
53	53	this paragraph and no primary is provided for under s. 8.11 (1m) (b) or (c), a village
54	54	shall nominate candidates by caucus.
55	55	SECTION 5. 8.05 (4) (d) of the statutes is repealed.
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79	79	SECTION 6
80	80	ASSEMBLY BILL 1067
81	81	SECTION 6. 8.05 (6) of the statutes is amended to read:
82	82	8.05 (6) MENOMINEE COUNTY. In counties containing only one town candidates
83	83	shall be nominated for the office of supervisors at large and by wards, and all
84	84	applicable provisions of this section shall apply to their selection. In selecting the
85	85	candidates for ward supervisor by caucus, the candidates for each ward shall be
86	86	selected separately, and only those electors shall participate in each as are residents
87	87	of that ward. Any ward candidate seeking nomination by the circulation of
88	88	nomination papers shall incorporate in the candidate's nomination papers a
89	89	statement that the signers are qualified electors of that ward.
90	90	SECTION 7. 8.10 (3) (ks) of the statutes is amended to read:
91	91	8.10 (3) (ks) For school district officer in any school district which does not
92	92	contain territory lying within a 1st or 2nd class city, if nomination papers are
93	93	required under s. 120.06 (6) (a), not less than 20 nor more than 100 electors.
94	94	SECTION 8. 8.11 (1m) (a) of the statutes is amended to read:
95	95	8.11 (1m) (a) If a village has provided under s. 8.05 (4) (a) for the filing of
96	96	nomination papers by candidates for village offices for a specific election, the The
97	97	governing body of the village may, no later than 3 days after the deadline for filing
98	98	nomination papers, provide for nomination of candidates for village offices at the
99	99	spring primary.
100	100	SECTION 9. 8.50 (3) (d) of the statutes is repealed.
101	101	SECTION 10. 10.06 (3) (bm) of the statutes is amended to read:
102	102	10.06 (3) (bm) As soon as possible following the municipal canvass of the
103	103	primary vote or the qualification of the candidates under s. 8.05 (1) (j) when a
104	104	municipal caucus is held, if there is to be an election for a county or state office or a
105	105	county or statewide referendum, but no later than 3 days after such date, the
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132	132	SECTION 10 ASSEMBLY BILL 1067
133	133	municipal clerk of each municipality in which voting machines or ballots containing
134	134	the names of candidates for both local offices and national, state or county offices are
135	135	used shall certify the list of candidates for municipal office and municipal referenda
136	136	appearing on the ballot to the county clerk, unless the municipality prepares its own
137	137	ballots under s. 7.15 (2) (c).
138	138	SECTION 11. 11.0101 (1) (a) 2. of the statutes is amended to read:
139	139	11.0101 (1) (a) 2. Is nominated as a candidate for state or local office by a caucus
140	140	under s. 8.05 (1) or by a political party and the nomination is certified to the
141	141	appropriate filing officer.
142	142	SECTION 12. 11.1205 (1) (a) 3. of the statutes is repealed.
143	143	SECTION 13. 19.42 (3s) of the statutes is amended to read:
144	144	19.42 (3s) “Candidate for local public office" means any individual who files
145	145	nomination papers and a declaration of candidacy under s. 8.21 or who is nominated
146	146	at a caucus under s. 8.05 (1) for the purpose of appearing on the ballot for election
147	147	as a local public official or any individual who is nominated for the purpose of
148	148	appearing on the ballot for election as a local public official through the write-in
149	149	process or by appointment to fill a vacancy in nomination and who files a declaration
150	150	of candidacy under s. 8.21.
151	151	SECTION 14. 19.42 (4) of the statutes is amended to read:
152	152	19.42 (4) “Candidate for state public office" means any individual who files
153	153	nomination papers and a declaration of candidacy under s. 8.21 or who is nominated
154	154	at a caucus under s. 8.05 (1) for the purpose of appearing on the ballot for election
155	155	as a state public official or any individual who is nominated for the purpose of
156	156	appearing on the ballot for election as a state public official through the write-in
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183	183	SECTION 14
184	184	ASSEMBLY BILL 1067
185	185	process or by appointment to fill a vacancy in nomination and who files a declaration
186	186	of candidacy under s. 8.21.
187	187	SECTION 15. 19.42 (4) of the statutes is amended to read:
188	188	19.42 (4) “Candidate for state public office" means any individual who files
189	189	nomination papers and a declaration of candidacy under s. 8.21 or who is nominated
190	190	at a caucus under s. 8.05 (1) for the purpose of appearing on the ballot for election
191	191	as a state public official or any individual who is nominated for the purpose of
192	192	appearing on the ballot for election as a state public official through the write-in
193	193	process or by appointment to fill a vacancy in nomination and who files a declaration
194	194	of candidacy under s. 8.21.
195	195	SECTION 16. 19.43 (4) of the statutes is amended to read:
196	196	19.43 (4) A candidate for state public office shall file with the commission a
197	197	statement of economic interests meeting each of the requirements of s. 19.44 (1) no
198	198	later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
199	199	for the office which the candidate seeks, or no later than 4:30 p.m. on the next
200	200	business day after the last day whenever that candidate is granted an extension of
201	201	time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j),
202	202	8.10 (2) (a), 8.15 (1), or 8.20 (8) (a); no later than 4:30 p.m. on the 5th day after
203	203	notification of nomination is mailed or personally delivered to the candidate by the
204	204	municipal clerk in the case of a candidate who is nominated at a caucus; or no later
205	205	than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally
206	206	delivered to the candidate by the appropriate official or agency in the case of a
207	207	write-in candidate or candidate who is appointed to fill a vacancy in nomination
208	208	under s. 8.35 (2) (a). The information contained on the statement shall be current
209	209	as of December 31 of the year preceding the filing deadline. Before certifying the
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236	236	SECTION 16 ASSEMBLY BILL 1067
237	237	name of any candidate for state public office under s. 7.08 (2) (a), the elections
238	238	commission, municipal clerk, or board of election commissioners shall ascertain
239	239	whether that candidate has complied with this subsection. If not, the elections
240	240	commission, municipal clerk, or board of election commissioners may not certify the
241	241	candidate's name for ballot placement.
242	242	SECTION 17. 60.24 (3) (b) of the statutes is repealed.
243	243	SECTION 18. 61.193 (2) of the statutes is amended to read:
244	244	61.193 (2) Except as provided in sub. (3), and subject to s. 61.32, the
245	245	compensation for an elective village office shall be established before the earliest
246	246	time for filing nomination papers for the office or, if nomination papers are not used,
247	247	before the caucus date determined under s. 8.05 (1) (a). After that time or date, no
248	248	change may be made in the compensation for the office that applies to the term of
249	249	office for which the deadline or date applies. The compensation established for an
250	250	elective office remains in effect for ensuing terms unless changed.
251	251	SECTION 19. 117.22 (2) (d) of the statutes is amended to read:
252	252	117.22 (2) (d) At least 12 weeks prior to the date of the election, the school
253	253	district clerk shall publish a type A notice of the school board election, under s. 10.01
254	254	(2) (a). No later than 5 p.m. on the date 10 weeks prior to the election, any qualified
255	255	elector of the school district created by the reorganization may file with the school
256	256	district clerk a sworn declaration of candidacy for the school board and, if required,
257	257	nomination papers, as provided under s. 120.06 (6) (b). For purposes of this
258	258	paragraph, a candidate who resides in the territory of the school district created
259	259	pursuant to a reorganization under s. 117.105 and is otherwise a qualified elector
260	260	shall be considered a qualified elector for a school board election under par. (bm). A
261	261	candidate shall file an amended declaration with the school district clerk as provided
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289	289	SECTION 19
290	290	ASSEMBLY BILL 1067
291	291	in s. 120.06 (6) (b) 5. Within 8 days after the first election in the newly created school
292	292	district, the school district clerk shall notify the successful candidates of their
293	293	election. On the 2nd Tuesday following the election, the clerk shall administer or
294	294	receive the official oath and the newly elected members shall take office.
295	295	SECTION 20. 120.06 (6) (a) of the statutes is amended to read:
296	296	120.06 (6) (a) In a school district which does not contain territory lying within
297	297	a 2nd class city, the school board may, or in a common or union high school district
298	298	the school board or annual meeting may, by resolution adopted not later than the last
299	299	Tuesday in November preceding an election for members of the school board, require
300	300	that nomination Nomination papers shall be filed by all candidates seeking election
301	301	to the school board. If the school board or annual meeting has previously required
302	302	the filing of nomination papers in such a school district, the body imposing the
303	303	requirement may, by similar resolution adopted not later than the last Tuesday in
304	304	November preceding an election for members of the school board, rescind the
305	305	requirement.
306	306	SECTION 21. 120.06 (6) (b) 2. of the statutes is amended to read:
307	307	120.06 (6) (b) 2. Except as authorized in this paragraph, no later than 5 p.m.
308	308	on the first Tuesday in January prior to the spring election, or on the next day if
309	309	Tuesday is a holiday, any qualified elector of the school district may file a sworn
310	310	declaration of candidacy with the school district clerk in the form provided in s. 8.21
311	311	at the place specified in the notice. If the school district contains territory lying
312	312	within a 2nd class city, or if the school board or annual meeting requires nomination
313	313	papers under par. (a), any Any qualified elector of the school district who desires to
314	314	be a candidate shall in addition file nomination papers in the form prescribed under
315	315	s. 8.10 (2) and (3) with the school district clerk at the place specified in the notice.
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342	342	SECTION 22 ASSEMBLY BILL 1067
343	343	SECTION 22. 120.06 (6) (b) 3. of the statutes is amended to read:
344	344	120.06 (6) (b) 3. If an incumbent fails to file a declaration of candidacy, and
345	345	nomination papers, where required, within the time prescribed by this paragraph,
346	346	all candidates for the office held by the incumbent, other than the incumbent, may
347	347	file a declaration of candidacy and nomination papers, where required, no later than
348	348	72 hours after the latest time prescribed in this paragraph. No extension of the time
349	349	for filing a declaration of candidacy or nomination papers applies if the incumbent
350	350	files written notification with the school district clerk, no later than 5 p.m. on the 2nd
351	351	Friday preceding the latest time prescribed in this paragraph for filing declarations
352	352	of candidacy, that the incumbent is not a candidate for reelection to his or her office,
353	353	and the incumbent does not file a declaration of candidacy for that office within the
354	354	time prescribed in this paragraph.
355	355	SECTION 23. 120.06 (6) (b) 4. of the statutes is amended to read:
356	356	120.06 (6) (b) 4. In the case of a 3-member school board, the qualified elector
357	357	shall state in his or her declaration of candidacy and on the face of his or her
358	358	nomination papers, if any, the office for which the elector is a candidate. In the case
359	359	of an apportioned or numbered school board, the qualified elector shall state in his
360	360	or her declaration of candidacy and on the face of his or her nomination papers, if any,
361	361	the apportioned area or numbered seat for which the elector is a candidate.
362	362	SECTION 24. 120.06 (7) (a) of the statutes is amended to read:
363	363	120.06 (7) (a) No later than 5 p.m. on the 2nd Tuesday in January, the school
364	364	district clerk shall verify the declarations of candidacy and certify the names of
365	365	candidates who have filed valid nomination papers, where required, and who qualify
366	366	for office. In making verifications or certifications, the school district clerk shall
367	367	designate the form of each candidate's name to appear on the ballot in the manner
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395	395	SECTION 24
396	396	ASSEMBLY BILL 1067
397	397	prescribed in s. 7.08 (2) (a). Once filed, a declaration of candidacy or nomination
398	398	papers may not be withdrawn.
399	399	SECTION 25.0Initial applicability.
400	400	(1) This act first applies to the April 1, 2025, election.
401	401	(END)
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